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Archive for the ‘Software’ Category

Fifth Circuit Limits DMCA by Distinguishing Circumvention to Access Software and Circumvention to Violate Copyright By Ian B. Brooks – Edited by Helen He MGE UPS Systems, Inc. v. GE Consumer and Indus. Inc., No. 08-10521 (5th Cir. July 20, 2010) Slip Opinion The Fifth Circuit affirmed the ruling of the District Court for the Northern District of Texas, which dismissed MGE UPS Systems Inc.’s (“MGE”) Digital Millennium Copyright Act (“DMCA”) claim against Power Maintenance International, Inc. (“PMI”) and General ... Read More...
Posted On Aug - 2 - 2010 1 Comment READ FULL POST
Federal Circuit Distinguishes Provisional Applications from Foreign Filings for Prior Art Priority under 102(e) By Ian B. Brooks – Edited by Anthony Kammer In re Giacomini, No. 2009-1400 (Fed. Cir. July 7, 2010) Slip Opinion On July 7, 2010, the Court of Appeals for the Federal Circuit affirmed the Board of Patent Appeals and Interferences’ (“Board”) rejection of claims of U.S. Patent Application No. 09/725,737 as anticipated under 35 U.S.C. § 102(e), the so-called “secret prior art” provision.  The Federal ... Read More...
Posted On Jul - 21 - 2010 1 Comment READ FULL POST
Determination of Patentable Subject Matter Not Limited to Machine-or-Transformation Test; Some Business Method Patents Survive By Davis Doherty – Edited by Matt Gelfand Bilski v. Kappos, No. 08-964 (U.S. June 28, 2010) Slip Opinion In a 9-0 decision, the Supreme Court affirmed an en banc ruling by the Court of Appeals for the Federal Circuit, which held that the petitioners’ claimed invention, a commodities risk-hedging method, was unpatentable. At the same time, a 4-1-4 split on the broader issue of ... Read More...
Posted On Jun - 29 - 2010 Comments Off READ FULL POST
Another Win for the Record Companies in an Inducement Claim Against Lime Wire By Sharona Hakimi – Edited By Ryan Ward Arista Records LLC v. Lime Group LLC, No. 06 CV 5936 (KMW) (S.D.N.Y. May 11, 2010) Slip Opinion On May 11, 2010, the Southern District Court of New York granted summary judgment against Lime Wire for inducing copyright infringement of Arista Records’ music, but denied summary judgment for either side on Arista’s contributory infringement claim. The court held that ... Read More...
Posted On May - 23 - 2010 Comments Off READ FULL POST
By Andrew Segna Edited by Joey Seiler Editorial Policy In December, my JOLT Digest comment discussed the state of independent video game developers on the iPhone and the Xbox 360. This article discussed how a collective action problem plagued independent developers on these platforms. As the platform holders, Apple and Microsoft were able to foster environments that benefited their needs but often were potentially hazardous to independent developers. These hazards became realized when independent developers pursued short-term individual gains, which ... Read More...
Posted On May - 19 - 2010 Comments Off READ FULL POST
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Specific Facts Suppo

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DOJ Indicts Nine for

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European Court of Ju

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Google to Supreme Co

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Mozilla Announces Re

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